Texas: Armed Security Officers

Legislation and Details for Texas

Legislation/Source:

Texas Administrative Rules
Title 37 – Public Safety and Corrections
Part 1 – Texas Department of Public Safety
Chapter 35 – Private Security
and
Texas Occupations Code
Title 10 – Occupations Related to Law Enforcement and Security
Chapter 1702 – Private Security

Authorizing Department

Texas Private Security Board

Texas Department of Public Safety

5805 North Lamar Blvd
Austin, TX 78752-4431

Mailing Address:
PO Box 4087
Austin, TX 78773-0001

Official Website

Licensure and License Fees

Effective February 2017, the TOPS system was implemented- Texas Online Private Security Services.

An individual may not accept employment as a security officer to carry a firearm in the course and scope of the individual’s duties unless the individual holds a security officer commission.
See: Texas OC Sec. 1702.161(a)

Level III (Commissioned Security Officer) requirements govern security officers that use weaponry.

Texas Administrative Code (TAC) Rule §35.132
$50 Registration fee for commissioned security officer (original and renewal)
In addition:
$2 Subscription fee
$5 Pocket Card Fee
$28.25 FBI Fingerprint Check
$31.50 Criminal History Check Fee

Texas, like a variety of states calls for employment first and then application by either paper or online form.
Please note that individuals must be registered by a company or entity licensed by this agency. The only exceptions to this rule are Instructors.
See: Types of Individual Registrations

Foreign Jurisdiction Licensure

 

Age Requirements

Texas Occupations Code (OCC) § 1702.113(a)
The applicant must be at least 18 years of age

Citizenship

The legislation does not specify a requirement for citizenship. However, non-United States citizens must submit a copy of their current alien registration card and documents establishing the right to possess firearms under federal law.

See: TAC §35.81(7)

Experience

Not Required

Exemptions

TAC Rule §35.141(b)
(1)   Applicants for either a security officer commission or a personal protection officer endorsement who are full-time peace officers, certified by the Texas Commission on Law Enforcement (TCOLE), may be exempted from the Level III training requirements upon submission to the department a sworn affidavit attesting to the applicant’s review of and familiarity with the Act and the related administrative rules.
(2)   Applicants for either a security officer commission or a personal protection officer endorsement who have honorably retired as Texas peace officers within the preceding 23 two (2) years may be exempted from the Level III training requirements.

Texas OCC § 1702.321. GOVERNMENT EMPLOYEES.
(a)   Except as provided by this section, this chapter does not apply to an officer or employee of the United States, this state, or a political subdivision of this state while the employee or officer is performing official duties.

Texas OCC § 1702.322. LAW ENFORCEMENT PERSONNEL.
This chapter does not apply to:
(1)   a person who has full-time employment as a peace officer and who receives compensation for private employment on an individual or an independent contractor basis as a patrolman, guard, extra job coordinator, or watchman.
(2)   a reserve peace officer while the reserve officer is performing guard, patrolman, or watchman duties for a county and is being compensated solely by that county
(3)   a peace officer acting in an official capacity in responding to a burglar alarm or detection device, or
(4)   a person engaged in the business of electronic monitoring of an individual as a condition of that individual’s community supervision, parole, mandatory supervision, or release on bail, if the person does not perform any other service that requires a license under this chapter.

Texas OCC § 1702.323. SECURITY DEPARTMENT OF PRIVATE BUSINESS.
(a)   Except as provided by Subsections (b) and (d), this chapter does not apply to an individual employed in an employee-employer relationship exclusively and regularly by one employer in connection with the affairs of the employer.

TAC Rule §35.141(b)
(1)   Applicants for either a security officer commission or a personal protection officer endorsement who are full-time peace officers, certified by the Texas Commission on Law Enforcement (TCOLE), may be exempted from the Level III training requirements upon submission to the department a sworn affidavit attesting to the applicant’s review of and familiarity with the Act and the related administrative rules.
(2)   Applicants for either a security officer commission or a personal protection officer endorsement who have honorably retired as Texas peace officers within the preceding 23 two (2) years may be exempted from the Level III training requirements upon submission to the department of proof of their honorably retired status (in the form of documentation from the employing agency or TCOLE), and of a sworn affidavit attesting to the applicant’s review of and familiarity with the Act and this chapter.

Texas OCC § 1702.321. GOVERNMENT EMPLOYEES.
(a)   Except as provided by this section, this chapter does not apply to an officer or employee of the United States, this state, or a political subdivision of this state while the employee or officer is performing official duties.

Texas OCC § 1702.322. LAW ENFORCEMENT PERSONNEL.
This chapter does not apply to:
(1)   a person who has full-time employment as a peace officer and who receives compensation for private employment on an individual or an independent contractor basis as a patrolman, guard, extra job coordinator, or watchman.
(2)   a reserve peace officer while the reserve officer is performing guard, patrolman, or watchman duties for a county and is being compensated solely by that county
(3)   a peace officer acting in an official capacity in responding to a burglar alarm or detection device, or
(4)   a person engaged in the business of electronic monitoring of an individual as a condition of that individual’s community supervision, parole, mandatory supervision, or release on bail, if the person does not perform any other service that requires a license under this chapter.

Texas OCC § 1702.323. SECURITY DEPARTMENT OF PRIVATE BUSINESS.

(a)   Except as provided by Subsections (b) and (d), this chapter does not apply to an individual employed in an employee-employer relationship exclusively and regularly by one employer in connection with the affairs of the employer.

Permit Required

Texas OCC § 1702.161(a)

An individual may not accept employment as a security officer to carry a firearm in the course and scope of the individual’s duties unless the individual holds a security officer commission.

TAC Rule §35.7 Firearm Standards

(a)   Commissioned security officers and personal protection officers may only carry a firearm of the category with which they have been formally trained as required under the Act and this chapter, and for which documentation of the training is on file with the department.
(b)   The recognized firearm categories are:
    (1)   SA–Any handgun, whether semi-automatic or not

    (2)   NSA–Handguns that are not semi-automatic, and
    (3)   STG–Shotgun.

Requirement to carry an ID card

TAC Rule §35.5 (d)
Any registrant who has been issued a pocket card shall carry the pocket card on or about his person while on duty and shall present same upon request from a peace officer or to a representative of the department.

Commissioned Security Officers shall carry their pocket cards while on duty and when traveling to and from the place of assignment, and shall present the cards upon request by a peace officer or to a representative of the department.

See: TAC Rule §35.82

Moral Character

Texas OCC § 1702.168. FIREARM REQUIREMENTS.

(a)   In addition to the requirements of Section 1702.163(a), the board by rule shall establish other qualifications for individuals who are employed in positions requiring the carrying of firearms. The qualifications may include:
    (2)   standards of good moral character

Fingerprint

Fingerprints are also part of the TOPS program.

Pursuant to Texas Occupations Code Chapter 1702, DPS must conduct a fingerprint based FBI Criminal History background check for
new and renewal Private Security Registration applications.

Private Security applicants are required to submit fingerprints to DPS as part of a substantially
complete application per administrative rule §35.21. Fingerprints must be submitted electronically with IdentoGo,
unless the applicant qualifies for the Alternative Fingerprint Process.

•   Submit application and payment via TOPS Login to IdentoGo (ensure service code 11G65Y – Texas Board of Private Investigators is used.)
•   Select Schedule or Manage Appointment
•   Enter personal information as prompted
•   Enter company license number (if applicable)
•   Enter your online receipt number
•   Enter the remaining information as prompted

Note: If there are no electronic fingerprinting appointments available within three business days,
you may submit a complaint to DPS at Fingerprint Applicant Services of Texas (FAST).

Substance Abuse

Texas OCC § 1702.163

(b)   An individual is not eligible for a security officer commission if the individual is a chemically dependent person.
(c)   An individual who has been convicted twice in the 10-year period preceding the date on which the person applies for a security officer commission of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense is a chemically dependent person for purposes of this section and is not qualified to receive a security officer commission under this subchapter.

Mental Health

Texas OCC § 1702.163

(b)   An individual is not eligible for a security officer commission if the individual:
(2)   is incapable of exercising sound judgment in the proper use and storage of a handgun
(d)   For purposes of Subsection (b)(2), a person is incapable of exercising sound judgment with respect to the proper use and storage of a handgun if the person:
(1)   has been diagnosed by a licensed physician as suffering from a psychiatric disorder or condition that causes or is likely to cause substantial impairment in judgment, mood, perception, impulse control, or intellectual ability
(2)   suffers from a psychiatric disorder or condition described by Subdivision (1)

Please see Sec. 1702.163 for additional details about the conditions and evidence that will prevent an applicant from being granted a security officer commission.

Texas OCC § 1702.168 FIREARM REQUIREMENTS.
(a)  In addition to the requirements of Section 1702.163(a), the board by rule shall establish other qualifications for individuals who are employed in positions requiring the carrying of firearms. The qualifications may include:
    (1)   physical and mental standards

Criminal History Background Check

Texas OCC § 1702.163

(b)   An individual is not eligible for a security officer commission if the individual:
    (3)   is a fugitive from justice for a felony or a Class A or Class B misdemeanor,
    (5)   is currently restricted under a court protective order or subject to a restraining order affecting the spousal relationship, other than a restraining order solely affecting property interests.

(c)   An individual who has been convicted twice in the 10-year period preceding the date on which the person applies for a security officer commission of an offense of the grade of Class B misdemeanor or greater that involves the use of alcohol or a controlled substance as a statutory element of the offense is a chemically dependent person for purposes of this section and is not qualified to receive a security officer commission under this subchapter.

Disqualifying criminal offenses include, but are not limited to:
1.     Arson, damage to property
2.     Assault
3.     Bribery
4.     Burglary
5.     Criminal homicide
6.     Disorderly conduct
7.     Fraud
8.     Kidnapping
9.     Obstructing governmental operation
10.     Perjury
11.     Robbery
12.     Sexual offenses
13.     Theft
14.     In addition:
    (A)     An attempt to commit a crime listed in this subsection
    (B)     Aiding and abetting in the commission of a crime listed in this subsection; and
    (C)     Being an accessory (before or after the fact) to a crime listed in this subsection.
See: TAC Rule §35.4

Personal References

Not Required

Training Requirements

Part of the application process includes completion of required training.
Since Texas has various levels of certification for commissioned security officers, the training will vary.

Level II

The Level II Training Course and Test is required of all commissioned, non-commissioned security officer and Personal Protection Officer applicants. The course material shall be prepared or approved by the department. A certificate indicating completion of Level II training shall be submitted to the department with the required application. Level II training may be taught by the licensee’s manager, the manager’s designee, or a board approved school and board approved instructor using the most current version of the respective Board Level II training course materials. Topical coverage includes:
•   Basic Security
•   Legal aspects of security work
•   Security communications
•   Response to emergencies and safety hazards

Level III
The Level III Training Course is required for all commissioned security officers and personal protection officers.
This training course must be taken through a licensed Level III Training
School and taught by a licensed Level III Instructor.
Topical coverage includes:
•   Licensing
•   Pocket Cards
•   Requirements to be a Commissioned Officer in Texas
•   Licensing of Companies
•   Violations by Commissioned Officers
•   Standards of Conduct
•   Function of Security Officers
•   Arrest Authority, Laws Pertinent to the Security Officer
•   Article 14.01 of the Texas Code of Criminal Procedure
•   Article 18.16 of the Texas Code of Criminal Procedure
•   Chapter 42.01 of Texas Penal Code
•   Chapter 9 Use of Deadly Force
•   Use of Force Concepts
•   Issues Relating to the Concealed Handgun License
•   Field Note Taking
•   Report Writing
•   Response to Emergency Situations
•   Hazardous Materials
•   Crime Scene
•   Witness Interviewing
•   Awareness Skills
•   Cover & Concealment
•   Fire Recognition and Response
•   Bomb Threats, Terrorist Response
•   Accidents Involving Serious Injury or Harm
•   Public Perception of a Security Officer
•   Conflict Resolution
•   Weaponless Strategies
•   Intermediate Weapons
•   Defensive Tactics
•   Firearms Training & Actual Range Qualification

See: More information.

See: A list of approved schools in Texas for training purposes.

Exam Requirement

Not Required

Child Support

Texas OCC § 232.0135
(a)   A child support agency, as defined by Section 101.004, may provide notice to a licensing authority concerning an obligor who has failed to pay child support under a support order for six months or more that requests the authority to refuse to approve an application for issuance of a license to the obligor or renewal of an existing license of the obligor.

More Information

Rules and Laws:
  •   Texas Administrative Code (PDF)

  •   Texas Statutes

  •   Frequently Asked Questions

  •   Fees

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